they were required to be completed by
31.12.2008 as per section 153B of the Income-tax Act
while the same was made in December ... required to be completed by 31.12.2008 as per Section 153B
of the Income Tax Act, 1961 (hereinafter referred to as the
Act) while the same
132A was executed.
8.4 In 2003, new provisions, i.e., sections 153A , 153B and 153C in Chapter XIV
have been inserted in the Finance ... governed by the provisions contained in the new sections 153A ,
153B and 153C and not by the provisions contained in Chapter
necessary to briefly examine the Scheme of relevant provisions.
Sections 153A , 153B and 153C of the Act were inserted by Finance
Act, 2005 with effect ... DUSHYANT
RAWAL
It is also proposed to insert three new sections 153A, 153B
and 153C in the Income-tax Act to provide for assessment
limitation as it was passed beyond the period
prescribed under Section 153B of the Act.
QUESTIONS OF LAW
10. This court passed a common order ... appeals emanate were passed beyond the period as stipulated under Section
153B of the Act. As noted above, unless the context indicates otherwise, we
shall
counsel for the Petitioners submitted
as under:
(i) In terms of Section 153B (b) of the Act, the time limit for completion of
assessment under ... days in terms of the proviso below Explanation to Section
153B (1) of the Act, the time to frame assessment got extended till
that the time limit for
completion of the assessment as per Section 153B of the IT Act, read with the
Page 2 of 16
NOVEMBER ... completion of the assessment as per the relevant
proviso of Section 153B(1) expires on 30.09.2021. Mr. Jain relies on the
judgment
second
batch.
8. Limitation is to be computed in terms of Section 153B , read with the
Explanation thereunder and the extension provided by the Taxation ... Relaxation and Amendment of Certain Provisions) Act, 2020 (in short ‘TOLA’).
Section 153B and the Explanation, to the extent to which it is relied upon
read with Section
143(3) is barred by limitation as per Section 153B of the Act?
(iv) Whether the order passed by the ITAT ... being ITA No. 1297-1297/Del/2011 by
wrongly applying Section 153B (1) for the assessment under Section
153B (1) for assessment under section 153A
assessment order was passed beyond the statutory
time limit prescribed under section 153B of the Act. Hence, the
assessment order is void ab initio being ... cannot
extend the limitation period for making the assessment under section
153B of the Act.
8.1.1 The ld. AR further submitted that the concept
assessment order was passed beyond the statutory
time limit prescribed under section 153B of the Act. Hence, the
assessment order is void ab initio being ... cannot
extend the limitation period for making the assessment under section
153B of the Act.
8.1.1 The ld. AR further submitted that the concept
